Election, where held, etc. whether bonds shall be issued in the amount of $ purchase of real estate for hospital purposes, or for the pur- (474) SEC. 2. Said election shall be held at the usual places in such county for the election of county officers, the vote to be canvassed in the same manner as that for county officers. The ballots to be used at any election at which the said question is submitted shall be printed with a statement Form of ballot. substantially as follows: Shall the county of Trustees, how be, etc. Terms of office. dollars and levy a issue bonds in the sum of mill tax to pro .... vide for the payment of same for the purpose of purchasing, leasing or constructing, as the case may be, a public hospital, and to provide for the maintenance of same? Yes. []; Shall the county of issue bonds in the sum of mill tax to pro .. dollars and levy a vide for the payment of same for the purpose of purchasing, leasing, or constructing, as the case may be, a public hospital, and to provide for the maintenance of same? No. []. If a majority of the votes cast at such election be in favor of the proposition so submitted, the board of supervisors shall issue the bonds as hereinafter provided and shall levy the tax so authorized, to be collected in the same manner as other taxes are collected and credited to the hospital fund, and it shall be paid out on the order of the hospital trustees for the purposes authorized by this act and for no other purposes whatever. (475) SEC. 3. Should a majority of all the votes cast upon the question be in favor of establishing such county public hospital, the board of supervisors shall proceed at once to appoint seven trustees chosen from the citizens at large with reference to their fitness to such office, three of whom may be women, all residents of the county, not more than three of said trustees to be residents of the city, town or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following November election, when seven hospital trustees shall be elected and hold their offices, two for two years, two for four years, three for six years, and who shall by lot determine their respective terms. At each subsequent November election the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees in the same manner as other officers are elected, none of whom shall be practicing physicians. how filled. (476) SEC. 5. Vacancies in the board of trustees OC- Vacancies, casioned by removals, resignations or otherwise shall be reported to the board of supervisors and be filled in like manner as original appointments, appointees to hold office until the next following November election, when such vacancy shall be filled by election in the usual manner. APPROVAL OF BONDS. An Act to provide for the approval of the official bonds of county officers by the board of supervisors. [Act 27, S. L. 1873.] The People of the State of Michigan enact: approved by (477) § 2648. § 2648. SECTION 1. All official bonds of county Bonds of officers which are now required by law to be approved by the county officers judge of the circuit court, shall hereafter be approved by the supervisors. board of supervisors of the county in which said officers are elected: Provided, however, That if the board of supervisors Proviso. in any case shall not have approved of such bonds or the sufficiency of the sureties thereto, before any such officer shall enter upon the duties of his office, the circuit judge of the circuit to which such county may be attached, or the judge of probate of such county may, on application of the officer so elected, approve of the bond and sureties thereto, on being satisfied of the pecuniary responsibility of the sureties to meet the exigencies of said bond, subject, however, to the approval of the board of supervisors at their first meeting thereafter: Provided, That this act shall not be in force or operation in Proviso, Wayne county. Section 2 repeals "all acts or parts of acts contravening the provisions of this act." Bay Co. v. Brock, 44/49. See also sections 446-47. Wayne county excepted. CHAPTER X.-RESIGNATIONS, VACANCIES, REMOV ALS FROM OFFICE AND RECALLS. RESIGNATIONS. [Extract from R. S. 1846, Ch. 15.] (478) § 1153. SECTION 1. Resignations shall be made as Resignations, follows: 1. By the governor, lieutenant governor, and all officers elected by joint vote of the senate and house of representatives: to the legislature; to whom made. Duties of officers, etc., to whom resignations are made. 2. By officers appointed by the governor alone, or by the governor by and with the advice and consent of the senate, or both branches of the legislature: to the governor; 3. By senators and representatives, to the presiding officers of their respective houses, who shall immediately transmit the same to the governor; 4. By all other officers who hold their offices by election, except officers elected at township meetings: to the officer or officers respectively authorized by law to order a special election to fill such offices respectively; 5. By all other officers holding their offices by appointment, and not by election: to the body, board, or officer that appointed them. Sherman v. Supervisors, 84/111. When a resignation will be presumed.Bird v. Perkins, 33/30. (479) § 1154. SEC. 2. It shall be the duty of all officers, bodies, or boards to whom the resignation of any office contemplated in the last preceding section, is authorized to be made, or who are authorized to fill any vacancy in any of said offices, or to order a special election therefor, when duly informed of the existence of such vacancy, to cause to be filed in the office of the secretary of state a statement of the occurrence, with the date and cause of such vacancy. Secord v. Foutch, 44/92. What events to create vacancy. Proviso. (480) § 1155. VACANCIES. SEC. 3. Every office shall become vacant, on the happening of either of the following events, before the expiration of the term of such office: 1. The death of the incumbent; 2. His resignation; 3. His removal from office; 4. His ceasing to be an inhabitant of this state; or, if the office be local, of the district, county, township, city or village, for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; 5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office; 6. The decision of a competent tribunal, declaring void his election or appointment; or, 7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That the supervisor of any township, in which the office of a township treasurer or justice of the peace may become vacated by operation of this act, shall immediately transmit to the county clerk of the county in which such township treasurer or justice of the peace resides, a notice in writing, officially signed by him, informing the county clerk that the office of such township treasurer or justice of the peace is vacated. SUBDIVISION 7: A party, however well entitled to an office, loses his right unless he files his oath and bonds.-Wayne Auditors v. Benoit, 20/ 181; Paw Paw v. Eggleston, 25/36. But the directions as to time are not applicable to a person to whom the election board refuses a certificate, but can apply only to the person declared elected.-People v. Mayworm, 5/ 146; Wayne Auditors v. Benoit, 20/181. One who has been elected to the office of justice of the peace and has entered upon the duties thereof, is an officer de facto, notwithstanding his failure to file his oath of office, and bond within the time prescribed by law. People v. Payment, 109/553. ACCEPTING INCOMPATIBLE OFFICE: The rule is well settled that he who, while occupying one office accepts another incompatible with the first, ipso facto vacates the first office.-Northway v. Sheridan, 111/18. An Act in relation to vacancies in certain state and county offices. [Act 190, P. A. 1879.] The People of the State of Michigan enact: cies in certain (481) § 1156. SECTION 1. That in case a vacancy shall How vacanoccur in any public office, which vacancy may be filled by offices filled. appointment by the governor or otherwise, notice of such vacancy and of the facts why the same exists, shall within ten days after such vacancy shall occur, be given in writing to the officer, board or body, having power to fill such vacancy by appointment. Such notice shall be given as follows: If such vacancy shall be in any county office, excepting county clerk, by the clerk of the county wherein the same shall occur; if in the office of the circuit judge or judges or recorders of said city courts, by the clerk of the county wherein such officer may reside at the time the vacancy shall occur; if in the office of county clerk of any county, by the judge of probate of the same county; if in the office of secretary of state, by the state treasurer, and in all other cases by the secretary of state; in all cases where a vacancy may occur in an office Notice of vathe salary of the incumbent of which shall be paid in whole filed. or part from the state treasury, the officer, board or body having the appointing power shall immediately after receiving notice of such vacancy notify the auditor general of such vacancy. See section 479. cancy, where Certain officers may be removed for misconduct. Persons appointed may be removed. Governor may remove officers for certain reasons. When may investigate. Officer to be given opportunity to be REMOVALS FROM OFFICE. [Extract from R. S. 1846, Ch. 15.] (482) § 1157. SEC. 4. The secretary of state, auditor general, and all state and county officers, except the state treasurer, and judges of the supreme and circuit courts, who are, or shall be appointed by the governor alone, or by the governor, by and with the advice and consent of the senate, or of both branches of the legislature, or by the legislature without the concurrence of the governor, may, for official misconduct, or habitual or wilful neglect of duty, at any time. during the recess of the legislature, be removed, and the vacancy supplied during such recess, by the governor. NO REMOVAL WITHOUT CAUSE: Officers cannot be removed without cause. People v. Lord, 9/227; People v. Therrien, 80/187. Our state system favors appointments for fixed periods and almost entirely rejects the policy of removals at will.-Mead v. Ingham Co. Treasurer, 36/416. This law contains no provision of removal applicable to county superintendents of the poor.-Id. 418. (483) § 1158. SEC. 5. All officers who are, or shall be appointed by the governor to fill a vacancy which shall have existed during the recess of the legislature, may be removed by the governor. (484) § 1159. SEC. 6. The governor may remove all county officers chosen by the electors of any county or ap pointed by him, and shall also remove all justices of the peace and township officers chosen by the electors of any township, or city or village officers chosen by the electors of any city or village, when he shall be satisfied from sufficient evidence submitted to him, as hereinafter provided, that such officer is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this state that such officer after his election or appointment shall have been convicted of a felony; but the governor shall take no action upon any such charges made to him against any such officer until the same shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true, with a statement of the prosecuting attorney of the county, that in his opinion the case demands investigation. But no such officer shall be removed for such misconduct or neglect unless charges thereof shall have been exhibited to the gov ernor, as above provided, and a copy of the same served on such officer, and an opportunity given him of being heard in his defense. Miner v. Supervisors, 49/602; Clay v. Stuart, 74/411; Att'y Gen. v. Detroit Com. Council, 112/169. |